CLA-2 CO:R:C:T 956845 BC
Alan Tencer
OccuMed International Inc.
585-10 North Bicycle Path
Port Jefferson Station, New York 11776
RE: Classification of wristband, headband, hard-hat pad, and
vest made of textile materials with plastic polymer beads sewn
inside
Dear Mr. Tencer:
This responds to your letters of May 10 and June 14, 1994,
which were forwarded to this office from our New York Seaport
office. You requested a binding classification ruling for
textile articles that incorporate plastic polymer beads. You
submitted samples of a wristband, headband, hard-hat pad, and
vest for our examination. We have reviewed the matter and our
decision follows.
FACTS:
The merchandise at issue are the following articles made of
textile materials: wristband, headband, hard-hat pad, and vest.
Each article has sewn inside its layers of textile materials
plastic polymer beads that are designed to absorb water when
soaked in it for a period of time. The soaked beads hold the
absorbed water and provide a cooling effect that will last for
several hours.
The wristband measures 9 inches by 3 inches. It has a hook
and loop closure (similar to a VELCRO brand hook and loop
closure). It is made of textile material but not the kind
designed for absorbing perspiration. The beads are sewn inside
two 9 inch strips created by a stitch running down the center of
the interior surface. The headband measures 36 inches by 1 and
1/2 inches. There is nothing about it that identifies it
precisely as a headband. It is a piece of textile material that
conceivably could be used as a belt for a dress, a decorative
accessory for tying around the neck, or as a woman's tie. The
beads are sewn inside a 14 inch section at the center of the
band.
The hard-hat pad is a round textile pad 7 inches in
diameter. The beads are sewn inside six parallel rows created by
stitching. Attached at opposite edges of the pad, and only at
the edges, is a 10 inch by one inch strip of textile material
with VELCRO-like hook and loop material on both surfaces. You
indicated that the strip is for attaching the pad to the inside
top of a construction worker's hard-hat. The vest is a one piece
article of textile material (ramie/cotton fabric) constructed
with openings at the front and both sides of the garment. Two
straps with hook and loop fasteners provide adjustable closure on
each side. The front opening also employs a hook and loop
closure. The vest is reversible. A removable front chest pocket
can be fastened (by hook and loop) on either side. The polymer
beads are sewn between the textile layers of the vest in one inch
rows made by horizontal stitching.
ISSUE:
What is the proper classification for the articles at issue?
LAW AND ANALYSIS:
All the articles at issue consist of two materials: the
textile materials that make up the article and the plastic
polymer beads sewn inside the article to provide the cooling
effect. Under GRI 2(b), goods consisting of more than one
material or substance are classified according to the principles
of GRI 3. Under GRI 3(a), goods are classified in the heading
which provides the more (or most) specific description.
"However, when two or more headings each refer to part only of
the materials or substances contained in mixed or composite goods
. . . , those headings are to be regarded as equally specific in
relation to those goods . . ." Thus, the headings applicable to
the two materials that in each case comprise the articles at
issue - a heading within Chapter 39 that refers to an article of
plastic and a heading within Section XI that refers to an article
of textile materials - must be considered equally specific.
Since classification cannot be accomplished by this rule of
specificity, consideration must next be given to classification
under GRI 3(b). Under GRI 3(b), a good is classified as if it
consists entirely of the material from which it derives its
essential character:
Mixtures, composite goods consisting of different
materials or made up of different components, and goods
put up in sets for retail sale, which cannot be
classified by reference to 3(a), shall be classified as
if they consisted of the material or component which
gives them their essential character . . .
With respect to each of the instant articles, the textile
component gives it its form and provides its means of
performance. The cooling effect of the beads cannot be applied
to the body of the wearer without the textile article. It is the
wearing of the textile article, as in the case of the wristband,
headband, and vest, or the attachment of the textile article to
the object worn, as in the case of the hard-hat pad attached to
the inside of the hard-hat, that allows the beads to function as
intended. Without the made up textile article, the beads cannot
be put to their intended use. On the other hand, it is the beads
that provide the source of the cooling effect. Thus, articles of
the instant kind have a dual aspect: as a textile article, such
as a wristband or vest, and as a cooling mechanism.
The decision as to which component imparts essential
character to the article depends on an examination of the article
and its dual aspects. All such articles will be capable of
functioning as a cooling mechanism. This, however, does not mean
that in all cases the cooling beads will impart essential
character. Where the article also functions as a textile article
in the ordinary manner, the cooling mechanism aspect of the
article will not be viewed as imparting essential character.
Where the textile article does not function in the ordinary
manner, and thus appears only to be providing a medium through
which the cooling beads are able to perform their intended
function, the beads will be viewed as imparting essential
character.
For instance, the wristband and the headband at issue are
not the ordinary kind of wristband and headband. The ordinary
purpose of these articles is to absorb perspiration and keep it
from the hands and eyes. Such articles are made of soft and
absorbent materials and would be classified as textile articles
in an appropriate heading of Section XI, HTSUSA. The instant
wristband and headband are not made of such materials, and their
purpose is clearly not to provide that function. Thus, it
appears that the function of the textile article aspect of these
articles is to provide a means by which the cooling beads can
function. Their role as textile articles is limited to this
purpose. Consequently, the beads will be viewed as imparting
essential character. (Note that this wristband is not of the
kind designed for protection during athletic contests or for
support to strengthen a wrist weakened by injury. Regarding the
headbands, see HRL's 954476 (issued October 1, 1993) and 955034
(issued October 5, 1993), where we found that articles similar to
the instant headbands were neither scarves nor headband
accessories; they were classified as articles of plastic based on
the conclusion that the plastic cooling mechanism imparted
essential character.)
The hard-hat pad is an unusual article. It is unclear just
how it is attached to a hard-hat or any other headwear, but given
that it has a VELCRO-like strip, it is conceivable that it could
be attached to some materials on the inside of headwear. Also,
it could be placed directly on the head before a cap or hat is
put on. Given that it is such an unusual article, and no other
function for it is readily apparent, we conclude that its
function as a textile article is to provide a means by which the
cooling beads can function. Thus, the cooling beads will be
viewed as imparting essential character.
With respect to the vest, we believe that this article is
distinguishable from the above articles for the reason that vests
are articles that commonly provide a utilitarian function (as
opposed to the more well recognized sartorial function), such as
identification and safety. For example, some vests are designed
to provide visibility for workers, runners, cyclists, etc., at
night (with fluorescent properties) or during the day (with
bright reflective colors). Vests designed for identification
purposes include police vests and sports vests. There are vests
that provide warmth for cold water skindiving. Those designed
for safety purposes include water safety/flotation vests. Thus,
a particular utilitarian function does not obscure a vest's
identity as a garment. That the vest at issue provides a cooling
feature does not render its basic function as a vest subordinate.
Thus, this article's function as a textile article is within the
realm of what is ordinary for vests. Consequently, the beads
will not be viewed as imparting essential character to this
article.
Based on the foregoing, we conclude that the essential
character of the wristbands, headbands, and hard-hat pads is
imparted by the polymer beads. These articles are thus
classifiable as articles of plastic in heading 3926, HTSUSA.
Regarding the vests, essential character is imparted by their
textile component. This conclusion is based on the fact that the
textile component contributes to the article's function at the
same time it predominates in value and quantity of material. In
addition, the role the textile component plays in relation to the
use of the goods is more prominent since the vest functions in
the ordinary manner. Consequently, the vests are classifiable as
articles of textile materials in Section XI.
HOLDING:
The textile wristbands, headbands, and hard-hat pads at
issue, constructed with absorbent plastic polymer beads sewn
inside, are classifiable as other articles of plastic in
subheading 3926.90.9590, HTSUSA. The applicable duty rate is
5.3% ad valorem. The textile vests at issue, with polymer beads
sewn inside, are classifiable, if of cotton, in subheading
6211.42.0081, HTSUSA, as other garments, woman's or girl's: of
cotton . . . other. The applicable duty rate is 8.6% ad valorem,
and the textile quota designation is 359. If of ramie, they are
classifiable in subheading 6211.49.0080, HTSUSA, which provides
for other garments, woman's or girl's, of other textile
materials, other, vests. The applicable duty rate is 7.8% ad
valorem, and the textile quota designation is 859.
Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) and the
restraint (quota/visa) categories applicable to textile
merchandise, you should contact your local Customs office prior
to importation of this merchandise to determine the current
status of any import restraints or requirements. The designated
textile and apparel category may be subdivided into parts. If
so, visa and quota requirements applicable to the subject
merchandise may be affected. Since part categories are the
result of international bilateral agreements which are subject to
frequent renegotiations and changes, to obtain the most current
information available, we suggest that you check, close to the
time of shipment, the Status Report On Current Import Quotas
(Restraint Levels), an internal issuance of the U.S. Customs
Service, which is available for inspection at your local Customs
office.
Sincerely,
John Durant, Director
Commercial Rulings Division